Union of B.C. Indian Chiefs Newsletter (March/April 1993)

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

March 1993

english

1.06-01.08-04.01

8

IN THIS ISSUE...

Message from the President............p. 2

Education Update ............................ p. 3

Tribute to Philip Paul........................p. 4

Legal Update.......................................p. 5

Specific Claims....................................p. 6

Resource Centre Update .............. p. 7

Chief Saul Terry

Ray Hance

Wendy Ancell

periodical

Union of B.C. Indian Chiefs NEWSLETTER MARCH/APRIL 1993 Our Fishery: "The genocide must stop!" Over the last few weeks and especially so since the last river fishery season the rhetoric on Indian Fishin escalated to high-decibel levels. Special interests, such as the Fishermans Survival Alliance, put forth the line that fair arrangements with Indian Peoples are "racist". The fact is that the rights of our Peoples, whether they are hunting, fishing or land rights, are neither racist nor "special". Our rights are legitimate, constitutionally- recognized rights arising from the fact that we are the original peoples in British Columbia and we continue to live in our homelands as we have for hundreds of generations. We view ourselves as distinct Peoples and we expect to be recognized and respected as such. It follows, therefore, that the Indian Fishery in this province is as legitimate, if not more so, than the current non-native fishing regime. The question is not how much fish do Indians want to take but how much of our fishery are Indian Peoples willing to share. For non-native Canadians, the fish resource indeed falls under the jurisdiction of Canada. However, the question of jurisdiction has never been settled with Indian Peoples in this province. A resolution of this issue is urgently needed but it certainly cannot be made under the auspices of enhancing food fish permits, as is currently being promoted by the DFO. The only appropriate process for achieving a settlement is Nation-to-Nation treaty-making between our respective Nations and Canada. The dire economic conditions which our Peoples face cannot be underestimated or ignored. When the economic guts of our Indian communities were torn out at the end of the last century by government policies and settlers' greed, few non-natives objected or cared. It is ironic that now, when the task of economic renewal should begin, non-native greed and fear is generating a chorus of nay-saying and blame. The settler governments i n colonial times made commitments to our people in the name of the Queen. We have not forgotten our history, despite the laws passed by Canada and British Columbia to erase the Land Title issue from our minds and hearts. It is time that the promises of the Queen are made good through treaties based upon Nation-to-Nation principles mutually agreed upon — principles which will ensure Indian Peoples' survival many generations into the future. To the citizens of our Indian Nations and to all right-minded Canadians, no amount of fear-mongering, racist appeals, or efforts M A R C H / A P R I L 1993 to discredit our rights can bury our legitimate economic grievances. For too long our People have been shunted aside, bullied, ridiculed, and dictated to through legislation, policy directives and judicial orders. Our Indian Peoples' human rights have been violated by the refusal of Canada to recognize our Sovereign political, economic, social cultural and spiritual rights — our Nations' right of selfdetermination. The genocide must stop! The Aboriginal Title and Rights of Indian Peoples within our respective homelands must be recognized now and into the future. No fair minded individual should disagree. UBCIC: March 8, 1993 SPECIAL EDITION IN THIS ISSUE... Message from the President p. 2 Education Update p. 3 Tribute to Philip Paul p. 4 Legal Update p. 5 Specific Claims p. 6 Resource Centre Update p. 7 Page 1 MESSAGE FROM THE PRESIDENT:GEORGE MANUEL INSTITUTE OF INDIAN GOVERNMENT O n February 8th, Chiefs Kathy Wallace, Lawrence Pootlass and Archie Jack accompanied me to Ottawa to raise the issue of our aboriginal and treaty right to education. Unfortunately Chief Rose Charlie was unable to go. Rhonda Johnson filled in at the very last moment. Rhonda, for those that do not know, is an articling law student who will be working with the Union of B.C. Indian Chiefs over the next year. As a group we met with members of parliament for the New Democratic Party, Liberal Party, and the Chairman of the Standing Committee on Aboriginal Affairs, a sitting M.P. for the Conservative government. We had requested a meeting with Minister Tom Siddon but he suggested we meet with one of his officials, so we declined. As chiefs we wished to meet with elected members of parliament. The major issue is that of education. 1. The M . T . A . lapsed last June and we need a new approach to any future agreements. We indicated that any agreement must clearly recognize the authority of our people in the area of education. This would permit greater control by and accountability to our respective Peoples. With recognized control we would also have greater control to address the special needs of our students. The matter of tuition contribution disparity between the public school system and the on reserve school system was also cited. This is where the public school system may receive $4000.00 per pupil while the on reserve school tuition may be half of that at $2000.00 per pupil. 2. In post secondary education we demanded that all of our students who qualify for entrance to a post secondary institution should be funded. We mentioned here the fact that many students did not apply because they had heard that there were no funds available. Many students are also forced to live in substandard conditions due to the cost of rent, food and transportation plus other charges, (child care) etc. We also reported that Indian Affairs was carrying out post secondary education reviews where they demanded to review the files of the students. If the bands did not cooperate, D.I.A. threatened funding cuts or termination of funding. 3. Other issues brought to the attention of M.P.'s were taxation, our objection to any registration of the U.B.C.I.C. as lobbyists, the fishery is a right, not a commercial food fish privilege subject to the laws of Canada and British Columbia. More meetings will be had with parliamentarians over the next few months so that our position that education is an aboriginal and treaty right will clearly be understood. The support for our citizens on this issue is very important. We cannot permit the government to abdicate its fiduciary obligation to our future generations. Page 2 Grand Chief George Manuel passed away during the Union of B.C. Indian Chiefs' 21st Annual General Assembly in 1989. In the years since his passing, the Union has wanted to honour George's life, works, and legacy in a special way. Throughout his life, George Manuel worked to advance the cause of aboriginal rights and self-determination in our communities and at the national and international levels. George set very high professional and political standards for leadership. He believed that education was the springboard for political action and that both were essential for indigenous peoples to achieve self-determination in their homelands. In 1990, Chief Saul Terry approached the Manuel family for approval of the idea of establishing an "Indian Government Institute" as a living memorial to George Manuel. Representatives of the Manuel family indicated their approval. At U B C I C ' s 23rd Annual General Assembly in 1991, delegates ratified a discussion paper as the first step to establishing the George M a n u e l Institute of Indian Government. The discussion paper proposed that the Institute be established along the lines of the Saskatchewan Federated Indian College — an independent, Indian-controlled institute affiliated with an established university for degree-granting and fund-raising purposes. The U B C I C Resource Centre library will become the Institute's hub for teaching, research and publishing activities. In keeping with George Manuel's values, commitment and lifelong work, the Institute will focus on four areas: 1) Political Development & L e a d e r s h i p ; 2) Indian Government Administration: 3) Economic & Social Development: and 4) International Relations. Under the direction of the U B C I C Chiefs' Council, the overall development plan for the Institute is being carried out by Chief Bernard Charles (Semiahmoo) and Rhonda Johnson (articling student). While this planning is underway, the Chiefs' Council has approved the start-up this spring of an Institute workshop on First Nation Leadership Training. The workshop will cover such topics as: aboriginal title and rights, the Royal Proclamation, the Indian A c t , land management, fiscal management, labour relations, duties and obligations of the Federal Crown, and introduction to First Nation organizations. The Chiefs' Council has also approved a "First Nation Jurisdiction for First Nation Justice Conference jointly sponsored by the First Nation Tribal Justice Institute and the George Manuel Institute of Indian Government. It is scheduled for June 1, 2, 3, 1993 in Mission, B.C. For more information about the George Manuel Institute of Indian Government, contact the Union of B.C. Indian Chiefs, at 684-0231. M A R C H / A P R I L 1993 STEERING COMMITTEE ON INDIGENOUS EDUCATION T HE C O M M I T T E E emerged from a series of meetings that followed the cut-backs in post-secondary education in 1989. We have been working for the past year in preparation for a lobby in Ottawa. The lobby was set for the week of March 8th - 12th but was postponed when the Prime Minister announced his imminent resignation. As the Union receives no funding for educational matters, the local community and tribal councils have been paying the expenses of their representatives. A W R I T T E N P R E S E N T A T I O N has been prepared by the Tsilhqot'in Tribal Council and approved by the committee. This is an all-purpose paper that will serve as a presentation to Parliamentary Committees and to the Human Rights Commission, as information for Aboriginal Affairs critics and the native press, and as briefing notes for the lobbyists. O U R POSITION is that we accept the principles and recommendations on education adopted by the Assembly of First Nations in 1991, a copy of which is attached. We uphold and maintain the principle of the international relationship between our nations and Canada, together with the primacy of our relationship with the Parliament of Canada: this means that any involvement with the provinces or with local or independent school boards must be secondary and at the discretion of the local communities involved. We insist that funding for education shall be transferred from Ottawa only according to the direction of the local communities. We further insist that our jurisdiction over education extends beyond the small reserves that have been established without our consent; it extends to all of our people in all of our traditional territory. We are convinced that the only fair policy in post-secondary education is that any student who is recognized by his (or her) local community as being qualified for further education must be funded. OUR PURPOSE is to require the Parliament of Canada to return to the indigenous nations and communities the jurisdiction over education that was stolen from us about a hundred years ago. The attempt by Canada to control the public education of our people is illegal and has failed badly. The effects of the residential schools will be with us for several generations to come and it is clear that the provincial system is not serving us well. We have no doubt that matters will not improve until our right to control our own public education is recognized, respected and honoured. A draft bilateral agreement on education that would replace the Master Tuition Agreements has been sent to Ottawa. For further information contact Dianna Rai at the at the Union of B.C. Indian Chiefs Vancouver Office at (604) 684-0231. Ray Hance, Chairman C A L E N D E R OF E V E N T S Chiefs Committee on Claims - April 15-16, 1993, Halifax, Nova Scotia Conyat 3rd Annual Traditional POWWOW - April 16, 17, 18, 1993, Merrit, B.C., Nicola Valley Memorial Arena. For more information contact Richard Jackson tel: (604) 378-5107. Absolutely no drugs or alcohol allowed. Union of B.C. Indian Chiefs Lobby on Education - April 26th-30th, 1993, Ottawa, Ontario. Native Intercampus Student Network Rally on Education - April 27th, 1993, @ D.I.A. B.C. Regional Offices (1550 Alberni Street) 10:30 a.m. and speakers beginning at noon. Contact Mike Desjarlais (NEC) 873-3761 (messages only) Home: 251-1270 or Oscar Swanson at 877-0329. Fax: 873-9152 Attention: Native Indian Student Network. First Nations Jurisdiction for First Nations Justice Conference - June 1, 2, 3, 1993, Mission, B.C., Toti:lthet Centre. For more information on any of these events please contact the Union of B.C. Indian Chi Vancouver Office at (604) 684-0231. M A R C H / A P R I L 1993 TRIBUTE TO PHILIP PAUL George was contemplating a change of employment I did not know that responding to a request to fill a job and he was consulting with Philip on the pros and cons of the vacancy, through a mutual friend, would change the course of move. Years later George confided to me that he often sought my life. Perhaps that was always the way it was for people Philips counsel. Philip advised George when he served as who were in contact with or worked for Philip Paul. President of the National Indian Brotherhood and afterward It certainly was the case for me in 1968, when the when George was elected president of the Union of B.C. challenge was offered to instruct an art class totally comprised Indian Chiefs. of Indian people. I was newly graduated from the Vancouver Philip was involved i n the Indian land question School of Art and Philip placed his confidence in me despite throughout his life. Some may recall that he was clubbed over my inexperience. He left the structure of the program in my the head on the steps of parliament at Ottawa. It was during hands. Philip attended to the frustrating administrative one of our demonstrations against the patriation of the requirements. Our course of the studies was approved and constitution. At the same time, Philip was totally involved there was no shortage of mature students. with culture and When Philip education. He was interviewed me for the instrumental in building position he said, as part Lau Welnew Sculhautw of the sales pitch, that on the Tsartlip Reserve. Victoria was a great place to be, especially In the past four years, during the winter Philip, once again months, because it never became more active with really got exceptionally the Union of B.C. Indian cold nor did it snow. As Chiefs. After being a weatherman, Philip r e t i r e d from his may not have done well Saanichton School Board because that winter position, Philip gave the about two feet of snow Union of B.C. Indian came down. Chiefs the benefit of his wit and wisdom on many It blanketed the occasions. He chaired small cottage that Philip m any of our and his wife Frances so conferences; our generously provided for provisional government me to live in. It was conference held in located behind their Mission on April of 1992 home on Clarke Road in and our latest conference Brentwood Bay. Philip Paul and George Manuel leading the Constitution Express march on October 21, 22, 23, When Philip in Ottawa, 1981. 1992 were both chaired hired me I really was not involved in Indian politics but the issues of education, housing, employment, administration and funding were often discussed in meetings at the Institute o f Adult Studies. Although I did not know it at the time, my political education had begun under the tutelage of one of the most politically astute Indian leaders in the province. Philip was involved with the North American Indian Brotherhood and he along with other Chiefs founded the Union of B.C. Indian Chiefs in 1969. That was the year that Philip introduced me to George Manuel. Philip also invited me to join them for a lunch meeting in the cafeteria of the Institute of Adult Studies (now Camosun College). by Philip despite his failing health. Philip Paul's honours and achievements are numerous: founding member and Grand Chief of the Union of B.C. Indian Chiefs, elected chief of Tsartlip Band, athlete, leading educator, political advisor, loyal friend and most of all a champion of the ordinary people of our Indian Nations. His death on the evening of December 21, 1992 has left a numbness in my heart and soul that will not soon depart but one thing is certain. Philip Paul continues to influence and present challenges for vision in my life. Chief Saul Terry Page 4 M A R C H / A P R I L 1993 LEGAL UPDATE Fishing Cases There have been two recent trial decisions related to the aboriginal right to fish. The first was the decision of Judge Saunderson of the Provincial Court of B.C. in Regina vs. Dick, Court No. 16555. Judge Saunderson held that the Lekwiltok tribe could not establish an aboriginal title or right over the area in which Ralph Dick was fishing, because he held that at that time the Crown asserted sovereignty the Lekwiltok were not exclusively occupying that area. Although it was unnecessary for his decision, he went on to hold that barter was only incidental to the Lekwiltok's existence before the coming of Europeans, and was not the focal point of their attempt to earn a livelihood. Based on these findings, Saunderson went on to reject the ruling of Judge Selbie in Vanderpeet and apply McEachern's decision in Delamuukw to decide that pre-contact aboriginal barter does not give rise to an aboriginal right to sell fish in a modern context. In addition, ignoring the ruling in Sparrow, he held that the aboriginal right to sell fish, i f it existed, had been extinguished by the B . C . Fisheries Regulations. The decision will be appealed. The second case is the decision of Judge Collier of the Federal Court, Trial Division in Cecil Reid et al. v. Her Majesty the Queen in Right of Canada & DFO et al. In this case the Heiltsuk people asserted that their aboriginal fishing right entitled them, as of right, to a license to carry on their roe on kelp fishery for food, ceremonial and commercial purposes. The Court rejected the Heiltsuk people's arguments and held that because their pre-contact fishery was not a market system they had not established that commercial harvesting of roe on kelp was ever part of their aboriginal right. In both of these decisions the court adopted a frozen rights theory, ignoring the decision of the Supreme Court of Canada in Sparrow. Many of the issues raised in both of these cases are before the B.C. Court of Appeal in the 6 fishing appeals. The decisions in those appeals are expected in late May, 1993. Taxation Update In April of 1992, the Supreme Court of Canada released its ruling in Williams v. Canada. The Court ruled that the unemployment benefits received by an Indian person were exempt from taxation i f that person was eligible for those benefits due to employment income which was tax exempt under section 87 of the Indian Act. Although the case itself was a victory, the wording of part of the Judgement has created some uncertainty as to whether or not it can still be assumed that the income of an Indian person will be exempt from taxation i f their employer is located on Reserve : "It has been assumed by the parties that the previous employment of the appellant which gave rise to the qualification for unemployment insurance benefits was also located in reserve, since the two employers in question were located on reserve. This question must be reexamined in light of our determination that this conclusion cannot safely be drawn from the principles of conflict of laws." [at pages 23 to 24, emphasis added]. As a result of the Williams decision, revenue Canada released a revised policy with respect to the application of the Indian Act tax exemption on December 29, 1992. Revenue Canada maintains that: "... the salary of an Indian will no longer be exempt merely because it is paid by an employer situated on a reserve. The principal factor connecting income to a reserve will now be where the duties are c a r r i e d out. The location of the employer w i l l continue to be a factor, but other factors connecting the income to the reserve will also have to be present for the income to be tax exempt..." [emphasis added] We note that there is nothing in the Williams decision to support the contention that "the principal factor connecting income to a reserve will now be where the duties are carried out". This is nowhere stated in the decision. In fact the Court specifically states that with the facts before them it: "... would not be an appropriate case in which to develop a test for the situs of the receipt of employment income. A l l the potential connecting factors with respect to the qualifying employment of the appellant point to the reserve. The employer was located on the reserve, the work was performed on the reserve, the appellant resided on the reserve, and he was paid on the reserve..." No doubt the questions left unresolved by the Williams decision will be the subject of further litigation. We are aware of one case decided since the Williams decision which begins this process of determining what factors w i l l provide a sufficient "connection" to the Reserve to attract the benefits of section 87. In Brenda McNab v. Canada the Court was asked to decide whether the income of a Native woman employed by the Saskatchewan Treaty Indian Women's Council was exempt from taxation. The evidence revealed that Ms. McNab was a treaty Indian. Her employer, the Saskatchewan Treaty Indian Women's Council, was found to be an organization which worked "...with and for women and children on Indian reserves in Saskatchewan for their health, protection and betterment." The Court found that the driving force behind the Council was Isobel McNab who resided on the Gordon Indian Reserve. Some of the Council's records were stored at Isobel McNab's residence. The Council also had an office and a telephone off reserve in Regina. The letterhead of the Council listed the Regina address and telephone number. A l l ordinary administration and clerical work was found to be conducted in the Regina office while financial records were taken out to the Gordon Reserve and cheques were signed there by Isobel McNab about twice a month. The Court analyzed a number of factors to determine whether the income of Ms. McNab was "situated on the Reserve." The first of these was the employer's location. The Court found that the registered office of the employer was on Reserve. Similarly, the directing mind of the operation, Isobel McNab, lived on reserve. The working ordinary day-to-day administration of the Council, however, took place in Regina. The Court found that: "The purpose of the Council was to assist Indian women on the reserves and the evidence is clear that the Council did so and that its operations off the reserve were ancillary to its work on the reserves. In these circumstances I find CONTINUED PAGE 8 M A R C H / A P R I L 1993 Page 5 SPECIFIC CLAIMS RESEARCH UPDATE The past year has been a very busy time for U B C I C ' s Specific Claims Research Program. The number of specific claims being researched by Thalassa Research and Mandell Pinder on behalf of U B C I C member bands has increased 100% since 1990-91. There are now over 100 specific claims on our active workplan for 1993-94! Although the workload has increased dramatically, we completed research, legal analysis and statements of claim on 12 specific claims in 1992-93. In addition, 4 claims were submitted in 1992-93 to the D I A Specific Claims Branch and other agencies for settlement. The Union is proud that this high level of service and productivity for member bands has been maintained over the past five years, despite minimal increases in research funding. In the past year, the Union has initiated discussions w i t h the Province o f B r i t i s h C o l u m b i a ( M i n i s t r y o f Aboriginal Affairs; Heritage Conservation Branch, Ministry of Tourism & Culture) regarding settlement o f "Douglas reserve" claims and protection of graveyards, burial areas and sacred sites under First Nation jurisdiction. We are hopeful that these efforts will bear fruit over the next six months. A national Research Directors meeting and workshop was held in Ottawa on February 23-25, 1993. Peter Parker (Thalassa) and I attended the meeting. Peter attended the research skills workshop sessions and used the rest of his time in Ottawa to do specific claims research for member bands at the Treaties & Historical Research Centre (DIA) and the Public Archives of Canada. (Peter brought back 30 lbs. of file documents!) I attended the Research Directors meetings, w h i c h dealt w i t h s p e c i f i c c l a i m s p o l i c y developments, research funding and information exchange. I also attended workshops on right-of-way claims, accessing trust fund accounts, and the Saskatchewan Treaty Land Entitlement Framework Agreement. The Chiefs Committee on Claims will be meeting in Halifax, Nova Scotia on A p r i l 15-16, 1993 to review the work of the Federal Government/First Nations Joint Working Group on Claims Policy. If the J W G is successful, there could be a new specific claims policy in 1994. Finally, congratulations to the Tsartlip Band for achieving a successful negotiated settlement of their "Goudy R o a d " claim. The late Philip Paul was instrumental in moving this claim forward " o n the ground" and at the table. His inspiration and leadership will be missed. Dan Gottesman, Ph.D. U B C I C Research Director U N I O N O F B.C. I N D I A N C H I E F S SUBSCRIPTION FORM NAME: FOR OFFICE USE O N L Y ADDRESS: DATE RECEIVED: CHEQ/M.O.:____________________________ EXPIRY DATE: POSTAL/ZIP CODE: PROVINCE/STATE: 1 YEAR SUBSCRIPTION NEWSLETTER INDIVIDUALS: $35.00 NEWSCLIPPING MEMBER BANDS: $75.00 TOTAL A M O U N T ENCLOSED INDIVIDUALS: $100.00 $ Please make cheque or money order payable in Canadian funds to: U N I O N O F B.C. I N D I A N CHIEFS, 700-73 W a t e r S t r e e t , V a n c o u v e r , B . C . , V 6 B 1A1 Page 6 M A R C H / A P R I L 1993 RESOURCE CENTRE UPDATE Resource Centre Move Microfilming Workshop The Resource Centre was finally moved up to our new seventh floor location over the December 5th weekend. The collection fits into the new space as i f it was designed for the Library. Operation of the Library day-to-day functions can be now done more efficiently and the ability to assist users with their research requirements has been enhanced because of the improved layout and arrangement of the Library. I will be attending a day long workshop on Preservation/ Conservation Microfilming on March 10th. Because we want to preserve documents and conserve space, microfilm will become an even more important format as time goes on. Collection Development The continued growth of the Library collection is evidenced in the new book displays on top of the shelving units and the overflowing shelves of new material in my office. It is almost a full-time job just trying to keep on top of the information explosion around aboriginal issues. I am also trying to improve the "Quick Reference" files so that the types of information asked for again and again is quickly accessible. The verbatim transcripts from the first two rounds of the Royal Commission on Aboriginal Affairs are available on a computerized full-text retrieval database and we hope to purchase this database in the new budget year. This program will permit individual analysis for purposes of education and research. I also hope to add to the Library collection in the new budget year a very valuable service called " M i c r o l o g " . Government documents are time consuming to acquire and catalog , difficult to keep up on, and take up a great deal of space. The Special Collection on Native Peoples within the Microlog service provides all government documents on native issues in microfiche format through a single subscription service. The collection comes with its own indexing so that documents are easily retrievable. Automating the Resource Centre Catalog In January, I put a great deal of time into researching software programs available for automating the Library catalog as well as other Library functions such as acquisitions. The collection has grown so large that manually cataloguing materials and accessing them with a printed catalog is no longer efficient. In fact, we simply can not catch up or keep up with cataloguing using a manual system. It was decided to acquire a software program called " I N M A G I C PLUS for Libraries" as soon as funding is made available by the new budget. This program also allows the option of providing online access via computer modem to our Library catalog in future. I N M A G I C PLUS is also being considered for records management of the U B C I C administration and research files. M A R C H / A P R I L 1993 First Nations Library Workshop (Information has been provided to your band/tribal council) The British Columbia Library Association's First Nations Interest Group is sponsoring, in co-sponsorship with the UBCIC and the Gitskan Wet'Suwet'en Hereditary Chiefs, a one day pre-conference workshop on First Nations Libraries at the B C L A Annual Conference in Penticton on April 22. This workshop will be of interest to School Band Library staff as well as staff from Bands or Tribal Councils which have or wish to set up libraries. I will be conducting a segment of the workshop on running a small library and anyone interested can call me for more information at our Vancouver office number (684-0231). Some funding may be available to assist with costs. Registration forms have gone to Band and Tribal Council offices. Late registrations can still be sent in but do it as soon as possible. Resource Centre Policy Resource Centre policy is on the agenda for the Chiefs Council meeting March 1 l-13th. I will be making some recommendations for policy changes which I will report in the next Newsletter. In the meantime i f you have any information queries which I can help with or there is anything which you would like me to specifically report on in the next Newsletter please call me. I hope in subsequent Newsletters to be able to provide a short bibliography of new key titles published on aboriginal issues and information about where these documents can be acquired. Wendy Ancell U B C I C Librarian Page 7 LEGAL UPDATE (CONTINUED FROM PAGES) that the employer's location was on the Gordon Indian Reserve." The Court found that the location of the appellant's work was off Reserve in Regina. The appellant's legal residence was found to be the Gordon Indian Reserve, although she lived approximately 5 days of each week of the year in Regina. The Court found that the place of the appellant's income payments was mainly on Reserve, although payment sometimes occurred in Regina. The Court then concluded that Ms. McNab's employment income was located on Reserve. Of particular importance appears to be the fact that the purpose of the employer (the Council) was solely to benefit Indian people on Reserve: "The employer's location was on the Gordon Indian Reserve. The appellant worked partly in Regina and partly on various reserves all over Saskatchewan... she attended upon Isobel McNab in order to have cheques signed and at other times parts of her work were conducted on other reserves when she attended upon Isobel McNab. The appellant's residence was on the Gordon Indian Reserve. Seventy-five percent of the time she was paid on the Gordon Indian Reserve. All of her work was with Indians and all of her work was on the instructions of an employer whose sole purpose was to benefit Indians on reserve." (emphasis added) The case is useful in that it provides authority that the Williams decision does not require that work be physically performed on the Reserve in order to attract the exemption provided by section 87 of the Indian Act. One "connecting factor" of significance will be whether or not the purpose of the work is for the benefit of Indian people on Reserve. S p e c i f i c C l a i m s : T s a r t l i p Indian B a n d : S e t t l e m e n t The village of Wjolelp, the winter home of the Tsartlip people, was only partially set aside as a reserve by the Joint Reserve Commission in 1877. Even though the Reserve Commissioners were instructed to set aside the whole of the village site, much of this territory was excluded when only 483 acres were protected as reserve land. Lot A on Gowdy Road is within the village site of Wjolelp, and it was not included within I.R. #1. In 1875 the Province of British Columbia issued a Crown grant for all of an area which they called Section 9. Section 9 was subdivided in 1921 and Lot A was part of that subdivision. In 1942 the Federal Government acquired Lot A from a man named John Brooks and used the property as a transmitter station during World War II. In 1985 the Department of Public Works issued a notice that the land was no longer required for public works. DIA did not take any action on the Band's behalf regarding the proposed sale, even though they were advised that this land was included within the 1987 Saanich Indian Territorial Declaration. The land was sold to the School Board in April of 1987 who wanted to build a school on that site. The late Philip Paul and other members of the Saanich people physically camped on the site and prevented the construction of the school. An agreement has now been approved between Canada, the Tsartlip Band Council, and the School Board. Lot A will be returned to the Tsartlip Band, and the Minister will recommend that it be turned into an Indian reserve. CHIEFS MASK BOOKSTORE & GALLERY 73 Water Street, Vancouver, B.C., C A N A D A , V6B 1A1 Telephone (604) 687-4100 Fax: (604) 684-5726 BOOKS: CONSIGNMENT ITEMS ACCEPTED ARTS & CRAFTS • FIRST NATIONS JEWELRY (GOLD & SILVER) • ABORIGINAL ISSUES POTTERY • GOVERNMENT PRINTS • L A N D CLAIMS T-SHIRTS • •LAW • ART LEATHERWORK MASKS • • CHILDREN'S BOOKS • • TEACHING AIDS • • POETRY BEAD WORK CALL, WRITE OR DROP IN TODAY! TRADITIONAL MUSIC AND M U C H MORE! Owned and operated by the Union of B.C. Indian Chiefs. Page 8 M A R C H / A P R I L 1993  Union of B.C. Indian Chiefs NEWSLETTER MARCHIAPRIL 1993 Our Fishery: "The genocide must stop!" Over the last few weeks and especially so since the last river fishery season the rhetoric on Indian Fishing has escalated to high-decibel levels. Special interests, suchas the Fishermans Survival Alliance, put forth the line that fair arrangements with Indian Peoples are “‘racist’*. The fact is <“sthat the rights of our Peoples, whether they are hunting, fishing or land rights, are neither racist nor ‘‘special’’. Ourrights are legitimate, constitutionally- recognized rights arising from the fact that we are the original peoples in British Columbia and we continue to live in our homelands as we have for hundreds of generations. We view ourselves as distinct Peoples and we expect to be recognized and respected as such. It follows, therefore, that the Indian Fishery in this province is as legitimate, if not more so, than the current non-native fishing regime. The question is not how much fish do Indians want to take but how much of our fishery are Indian Peoples willing to share. For non-native Canadians, the fish resource indeed falls under the jurisdiction of Canada. However, the question of jurisdiction has never been settled with Indian Peoples in this province. A resolution of this issue is urgently needed but it certainly cannot be made under the auspices ofenhancing food fish permits, as is currently being promoted by the DFO. The only appropriate process for achieving a settlement is Nation-to-Nation treaty-making between our respective Nations and Canada. The dire economic conditions which our Peoples face cannot be underestimated or ignored. When the economic guts of our Indian communities were torn out at the end of the last century by government policiesand settlers’ greed, fewnon-natives objected or cared. It is ironic that now, when the task of economic renewal should begin, non-native greed and fear is generating a chorus of nay-saying and blame. The settler governments in colonial times made commitments to our people in the name of the Queen. We have not forgotten our history, despite the laws passed by Canada and British Columbia to erase the Land Title issue from our minds and hearts. It is time that the promises of the Queen are made good through treaties based upon Nation-to-Nation principles mutually agreed upon -- principles which will ensure Indian Peoples’ survival many generations into the future. To the citizens of our Indian Nations and to all right-minded Canadians, no amount of fear-mongering, racist appeals, or efforts to discredit our rights can bury our legitimate economic grievances. For too long our People have been shunted aside, bullied, ridiculed, and dictated to through legislation, policy directives and judicial orders. Our Indian Peoples’ humanrights have been violated by the refusal of Canada to recognize our Sovereign political, economic, social cultural and spiritual rights -- our Nations’ right of self- determination. The genocide must stop! The Aboriginal Title and Rights of Indian Peoples within our respective homelands must be recognized now and into the future. No fair minded individual should disagree. UBCIC: March 8, 1993 SPECIAL EDITION IN THIS ISSUE ... Message from the President pb. 2 Education Update __ p.3 Tribute to Philip Paul p. 4 Legal Update p. 5 Specific Claims p. 6 Resource Centre Update ___ pp. 7 MARCH/APRIL 1993 Page |  = MESSAGE FROM THE PRESIDENT: n February 8th, Chiefs O Kathy Wallace, Lawrence Pootlass and Archie Jack accompanied me to Ottawa to raise the issue of our aboriginal and treaty right to education. Unfortunately Chief Rose Charlie was unable to go. Rhonda Johnson filled in at the very last moment. Rhonda, for those that do not know, is an articling law student who will be working with the Union of B.C. Indian Chiefs over the next year. As a group we met with members of parliament for the New Democratic Party, Liberal Party, and the Chairman of the Standing Committee on Aboriginal Affairs, a sitting M.P. for the Conservative government. We had requested a meeting with Minister Tom Siddon but he suggested we meet with one of his officials, so we declined. As chiefs we wished to meet with elected members of parliament. The major issue is that of education. 1. The M.T.A. lapsed last June and we need a new approach to any future agreements. We indicated that any agreement must clearly recognize the authority of our people in the area of education. This would permit greater control by and accountability to our respective Peoples. With recognized control we would also have greater control to address the special needs of our students. The matter of tuition contribution disparity between the public school system and the on reserve school system was also cited. This is where the public school system may receive $4000.00 per pupil while the on reserve school tuition may be half of that at $2000.00 per pupil. 2. In post secondary education we demanded that all of our students who qualify for entrance to a post secondary institution should be funded. We mentioned here the fact that many students did not apply because they had heard that there were no funds available. Many students are also forced to live in substandard conditions due to the cost of rent, food and transportation plus other charges, (child care) etc. We also reported that Indian Affairs was carrying out post secondary education reviews where they demanded to review the files of the students. If the bands did not cooperate, D.1.A. threatened funding cuts or termination of funding. 3. Other issues brought to the attention of M.P.’s were taxation, our objection to any registration of the U.B.C.I.C. as lobbyists, the fishery is a right, not a commercial food fish privilege subject to the laws of Canada and British Columbia. More meetings will be had with parliamentarians over the next few months so that our position that education is an aboriginal and treaty right will clearly be understood. The support for our citizens on this issue is very important. We cannot permit the government to abdicate its fiduciary obligation to our future generations. GEORGE MANUEL INSTITUTE OF INDIAN GOVERNMENT Grand Chief George Manuel passed away during the Union of B.C. Indian Chiefs’ 21st Annual General Assembly in 1989. In the years since his passing, the Union has wanted to honour George’s life, works, and legacy in a special way. Throughout his life, George Manuel worked to advance the cause of aboriginal rights and self-determination in our communities and at the national and international levels. George set very high professional and political standards for leadership. He believed that education was the springboard for political action and that both were essential for indigenous peoples to achieve self-determination in their homelands. In 1990, Chief Saul Terry approached the Manuel family for approval of the idea of establishing an ‘‘Indian Government Institute’’ as a /iving memorial to George Manuel. Representatives of the Manuel family indicated their approval. At UBCIC’s 23rd Annual General Assembly in 1991, delegates ratified a discussion paper as the first step to establishing the George Manuel Institute of Indian Government. The discussion paper proposed that the Institute be established along the lines of the Saskatchewan Federated Indian College -- an independent, Indian-controlled institute affiliated with an established university for degree-granting and fund-raising purposes. The UBCIC Resource Centre library will become the Institute’s hub for teaching, research and publishing activities. In keeping with George Manuel’s values, commitment and life- long work, the Institute will focus on four areas: 1) Political Development & Leadership; 2) Indian Government Administration; 3) Economic & Social Development; and 4) International Relations. Under the direction of the UBCIC Chiefs’ Council, the overall development plan for the Institute is being carried out by Chief Bernard Charles (Semiahmoo) and Rhonda Johnson (articling student). While this planning is underway, the Chiefs’ Council has approved the start-up this spring of an Institute workshop on First Nation Leadership Training. The workshop will cover such topics as: aboriginal title and rights, the Royal Proclamation, the Indian Act, land management, fiscal management, labour relations, duties and obligations of the Federal Crown, and introduction to First Nation organizations. The Chiefs’ Council has also approved a “‘First Nation Jurisdiction for First Nation Justice Conference”’ jointly sponsored by the First Nation Tribal Justice Institute and the George Manuel Institute of Indian Government. It is scheduled for June 1, 2, 3, 1993 in Mission, B.C. For more information about the George Manuel Institute of Indian Government, contact the Union of B.C. Indian Chiefs. at 684-0231. =f Page 2 MARCH/APRIL 1993  STEERING COMMITTEE ON INDIGENOUS EDUCATION HE COMMITTEE emerged from a series of meetings that followed the cut-backs in post-secondary education in 1989. We have been working for the past year in preparation for a lobby in Ottawa. The lobby was set for the week of March 8th - 12th but was postponed when the Prime Minister announced his imminent resignation. As the Union receives no funding for educational matters, the local community and tribal councils have been paying the expenses of their representatives. A WRITTEN PRESENTATION has been prepared by the Tsilhqot’in Tribal Council and approved by the committee. This is an all-purpose paper that will serve as a presentation to Parliamentary Committees and to the Human Rights Commission, as information for Aboriginal Affairs critics and the native press, and as briefing notes for the lobbyists. OUR POSITION is that we accept the principles and recommendations on education adopted by the Assembly of First Nations in 1991, a copy of which is attached. We uphold and maintain the principle of the international relationship between our nations and Canada, together with the primacy of our relationship with the Parliament of Canada: this means that any involvement with the provinces or with local or independent school boards must be secondary and at the discretion of the local communities involved. We insist that funding for education shall be transferred from Ottawa only according to the direction of the local communities. We further insist that our jurisdiction over education extends beyond the small reserves that have been established without our consent; it extends to all of our people in all of our traditional territory. We are convinced that the only fair policy in post-secondary education is that any student who is recognized by his (or her) local community as being qualified for further education must be funded. OUR PURPOSE is to require the Parliament of Canada to return to the indigenous nations and communities the jurisdiction over education that was stolen from us about a hundred years ago. The attempt by Canada to control the public education of our people is illegal and has failed badly. The effects of the residential schools will be with us for several generations to come and it is clear that the provincial system is not serving us well. We have no doubt that matters will not improve until ourright to control our own public education is recognized, respected and honoured. A draft bilateral agreement on education that would replace the Master Tuition Agreements has been sent to Ottawa. For further information contact Dianna Rai at the at the Union of B.C. Indian Chiefs Vancouver Office at (604) 684-0231. Ray Hance, Chairman CALENDER OF EVENTS Chiefs Committee _on Claims - April 15-16, 1993, Halifax, Nova Scotia Conyat 3rd Annual Traditional POWWOW - April 16, 17, 18, 1993, Merrit, B.C., Nicola Valley Memorial Arena. For more information contact Richard Jackson tel: (604) 378-5107. Absolutely no drugs or alcohol allowed. Union of B.C. Indian Chiefs Lobby on Education - April 26th-30th, 1993, Ottawa, Ontario. Native Intercampus Student Network Rally on Education - April 27th, 1993, @ D.I.A. B.C. Regional Offices (1550 Alberni Street) 10:30 a.m. and speakers beginning at noon. Contact Mike Desjarlais (NEC) 873-3761 (messages only) Home: 251-1270 or Oscar Swanson at 877-0329. Fax: 873-9152 Attention: Native Indian Student Network. First Nations Jurisdiction for First Nations Justice Conference - June 1, 2, 3, 1993, Mission, B.C., Toti:lthet Centre. For more information on any of these events please contact the Union of B.C. Indian Chiefs Vancouver Office at (604) 684-0231. | : MARCH/APRIL 1993 Page 3  TRIBUTE TO PHILIP PAUL I did not know that responding to a request to fill a job vacancy, through a mutual friend, would change the course of my life. Perhaps that was always the way it was for people who were in contact with or worked for Philip Paul. It certainly was the case for me in 1968, when the challenge was offered to instruct an art class totally comprised of Indian people. I was newly graduated from the Vancouver School of Art and Philip placed his confidence in me despite my inexperience. He left the structure of the program in my hands. Philip attended to the frustrating administrative requirements. Our course of the studies was approved and there was no shortage of mature students. When Philip interviewed me for the position he said, as part of the sales pitch, that Victoria was a great place to be, especially during the winter months, because it never really got exceptionally cold nor did it snow. As a weatherman, Philip may not have done well because that winter about two feet of snow came down. It blanketed the small cottage that Philip and his wife Frances so generously provided for me to live in. It was located behind their home on Clarke Road in Brentwood Bay. When Philip hired me I really was not involved in Indian politics but the issues of education, housing, employment, administration and funding were often discussed in meetings at the Institute of Adult Studies. Although I did not know it at the time, my political education had begun under the tutelage of one of the most politically astute Indian leaders in the province. Philip was involved with the North American Indian Brotherhood and he along with other Chiefs founded the Union of B.C. Indian Chiefs in 1969. That was the year that Philip introduced me to George Manuel. Philip also invited me to join them for a lunch meeting in the cafeteria of the Institute of Adult Studies (now Camosun College). Philip Paul and George Manuel leading the Constitution Express march in Ottawa, 1981. George was contemplating a change of employment and he was consulting with Philip on the pros and cons of the move. Years later George confided to me that he often sought Philips counsel. Philip advised George when he served as President of the National Indian Brotherhood and afterward when George was elected president of the Union of B.C. Indian Chiefs. Philip was involved in the Indian land question throughout his life. Some may recall that he was clubbed over the head on the steps of parliament at Ottawa. It was during one of our demonstrations against the patriation of the constitution. At the same time, Philip was totally involved with culture and education. He was instrumental in building Lau Welnew Sculhautw on the Tsartlip Reserve. In the past four years, Philip, once again became more active with the Union of B.C. Indian Chiefs. After being retired from his Saanichton School Board position, Philip gave the Union of B.C. Indian Chiefs the benefit of his wit and wisdom on many occasions. He chaired many of our conferences; our provisional government conference held in Mission on April of 1992 and our latest conference on October 21, 22, 23, 1992 were both chaired by Philip despite his failing health. Philip Paul’s honours and achievements are numerous: founding member and Grand Chief of the Union of B.C. Indian Chiefs, elected chief of Tsartlip Band, athlete, leading educator, political advisor, loyal friend and most of all a champion of the ordinary people of our Indian Nations. His death on the evening of December 21, 1992 has left a numbness in my heart and soul that will not soon depart but one thing is certain. Philip Paul continues to influence and present challenges for vision in my life. Chief Saul Terry Page 4 MARCH/APRIL 1993  LEGAL UPDATE Fishing Cases . There have been two recent trial decisions related to the aboriginal right to fish. The first was the decision of Judge Saunderson of the Provincial Court of B.C. in Regina vs. Dick, Court No. 16555. Judge Saunderson held that the Lekwiltok tribe could not establish an aboriginal title or right over the area in which Ralph Dick was fishing, because he held that at that time the Crown asserted sovereignty the Lekwiltok were not exclusively occupying that area. Although it was unnecessary for his decision, he went on to hold that barter was only incidental to the Lekwiltok’s existence before the coming of Europeans, and was not the focal point of their attempt to earn a livelihood. Based on these findings, Saunderson went on to reject the ruling of Judge Selbie in Vanderpeet and apply McEachern’s decision in Delamuukw to decide that pre-contact aboriginal barter does not give rise to an aboriginal right to sell fish in a modern context, In addition, ignoring the ruling in Sparrow, he held that the aboriginal right to sell fish, if it existed, had been extinguished by the B.C. Fisheries Regulations. The decision will be appealed. The second case is the decision of Judge Collier of the Federal Court, Trial Division in Ceci! Reid et al. v. Her Majesty the Queen in Right of Canada & DFO et al. In this case the Heiltsuk people asserted that their aboriginal fishing right entitled them, as of right, to a license to carry on their roe on kelp fishery for food, ceremonial and commercial purposes. The Court rejected the Heiltsuk people’s arguments and held that because their pre-contact fishery was not a market system they had not established that commercial harvesting of roe on kelp was ever part of their aboriginal right. In both of these decisions the court adopted a frozen rights theory, ignoring the decision of the Supreme Court of Canada in Sparrow. Many of the issues raised in both of these cases are before the B.C. Court of Appeal in the 6 fishing appeals. The decisions in those appeals are expected in late May, 1993. Taxation Update In April of 1992, the Supreme Court of Canada released its ruling in Williams v. Canada. The Court ruled that the unemployment benefits received by an Indian person were exempt from taxation if that person was eligible for those benefits due to employment income which was tax exempt under section 87 of the Indian Act. Although the case itself was a victory, the wording of part of the Judgement has created some uncertainty as to whether or not it can still be assumed that the income of an Indian person will be exempt from taxation if their employer is located on Reserve : "It has been assumed by the parties that the previous employment of the appellant which gave rise to the qualification for unemployment insurance benefits was also located in reserve, since the two employers in question were located on reserve, This question must be reexamined in light of our determination that this conclusion cannot safely be drawn from the principles of conflict of laws." jat pages 23 to 24, emphasis added]. MARCH/APRIL 1993 As a result of the Williams decision, revenue Canada released a revised policy with respect to the application of the Indian Act tax exemption on December 29, 1992. Revenue Canada maintains that: " ., the salary of an Indian will no longer be exempt merely because it is paid by an employer situated on a reserve. The principal factor connecting income to a reserve will now be where the duties are carried out. The location of the employer will continue to be a factor, but other factors connecting the income to the reserve will also have to be present for the income to be tax exempt..." [emphasis added] We note that there is nothing in the Williams decision to support the contention that “‘the principal factor connecting income to a reserve will now be where the duties are carried out’’. This is nowhere stated in the decision. In fact the Court specifically states that with the facts before them it: "... would not be an appropriate case in which to develop a test for the situs of the receipt of employment income. All the potential connecting factors with respect to the qualifying employment of the appellant point to the reserve. The employer was located on the reserve, the work was performed on the reserve, the appellant resided on the reserve, and he was paid on the reserve...” No doubt the questions left unresolved by the Williams decision will be the subject of further litigation. We are aware of one case decided since the Williams decision which begins this process of determining what factors will provide a sufficient ‘‘connection’’ to the Reserve to attract the benefits of section 87. In Brenda McNab v. Canada the Court was asked to decide whether the income of a Native woman employed by the Saskatchewan Treaty Indian Women’s Council was exempt from taxation. The evidence revealed that Ms. McNab was a treaty Indian. Her employer, the Saskatchewan Treaty Indian Women’s Council, was found to be an organization which worked ‘‘...with and for women and children on Indian reserves in Saskatchewan for their health, protection and betterment." The Court found that the driving force behind the Council was Isobel McNab who resided on the Gordon Indian Reserve. Some of the Council’s records were stored at Isobel McNab’s residence. The Council also had an office and a telephone off reserve in Regina. The letterhead of the Council listed the Regina address and telephone number. All ordinary administration and clerical work was found to be conducted in the Regina office while financial records were taken out to the Gordon Reserve and cheques were signed there by Isobel McNab about twice a month. The Court analyzed a number of factors to determine whether the income of Ms, McNab was ‘‘situated on the Reserve.’’ The first of these was the employer’s location. The Court found that the registered office of the employer was on Reserve. Similarly, the directing mind of the operation, Isobel McNab, lived on reserve. The working ordinary day-to-day administration of the Council, however, took place in Regina The Court found that: "The purpose of the Council was to assist Indian women on the reserves and the evidence is clear that the Council did so and that its operations off the reserve were ancillary to its work on the reserves. In these circumstances I find CONTINUED PAGE 8 Page 5  SPECIFIC CLAIMS RESEARCH UPDATE The past year has been a very busy time for UBCIC’s Specific Claims Research Program. The number of specific claims being researched by Thalassa Research and Mandell Pinder on behalf of UBCIC member bands has increased 100% since 1990-91. There are now over 100 specific claims on our active workplan for 1993-94! Although the workload has increased dramatically, we completed research, legal analysis and statements of claim on 12 specific claims in 1992-93. In addition, 4 claims were submitted in 1992-93 to the DIA Specific Claims Branch and other agencies for settlement. The Union is proud that this high level of service and productivity for member bands has been maintained over the past five years, despite minimal increases in research funding. In the past year, the Union has initiated discussions with the Province of British Columbia (Ministry of Aboriginal Affairs; Heritage Conservation Branch, Ministry of Tourism & Culture) regarding settlement of ‘‘Douglas reserve’ claims and protection of graveyards, burial areas and sacred sites under First Nation jurisdiction. We are hopeful that these efforts will bear fruit over the next six months, A national Research Directors meeting and workshop was held in Ottawa on February 23-25, 1993. Peter Parker (Thalassa) and I attended the meeting. Peter attended the eee ere sme eee ee UNION OF B.C. INDIAN CHIEFS SUBSCRIPTION FORM research skills workshop sessions and used the rest of his time in Ottawa to do specific claims research for member bands at the Treaties & Historical Research Centre (DIA) and the Public Archives of Canada. (Peter brought back 30 lbs. of file documents!) I attended the Research Directors meetings, which dealt with specific claims policy developments, research funding and information exchange. I also attended workshops on right-of-way claims, accessing trust fund accounts, and the Saskatchewan Treaty Land Entitlement Framework Agreement. The Chiefs Committee on Claims will be meeting in Halifax, Nova Scotia on April 15-16, 1993 to review the work of the Federal Government/First Nations Joint Working Group on Claims Policy. If the JWG is successful, there could be a new specific claims policy in 1994. Finally, congratulations to the Tsartlip Band for achieving a successful negotiated settlement of their ‘‘Goudy Road’’ claim. The late Philip Paul was instrumental in moving this claim forward ‘‘on the ground”’ and at the table. His inspiration and leadership will be missed. Dan Gottesman, Ph.D. UBCIC Research Director —— es ee ee ee ee ee FOR OFFICE USE ONLY NAME: DATE RECEIVED: ADDRESS: CHEQ/M.O.#: EXPIRY DATE: PROVINCE/STATE: POSTAL/ZIP CODE: | YEAR SUBSCRIPTION NEWSLETTER INDIVIDUALS: $35.00 NEWSCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00 TOTAL AMOUNT ENCLOSED Please make cheque or money order payable in Canadian funds to: —_—— UNION OF B.C. INDIAN CHIEFS, 700-73 Water Street, Vancouver, B.C., V6B IAI Page 6 MARCH/APRIL 1993  a Resource Centre Move The Resource Centre was finally moved up to our new seventh floor location over the December Sth weekend. The collection fits into the new space as if it was designed for the Library, Operation of the Library day-to-day functions can be now done more efficiently and the ability to assist users with their research requirements has been enhanced because of the improved layout and arrangement of the Library. Collection Development The continued growth of the Library collection is evidenced in the new book displays on top of the shelving units and the overflowing shelves of new material in my office. It is almost a full-time job just trying to keep on top of the information explosion around aboriginal issues. I am also trying to improve the ‘‘Quick Reference’ files so that the types of information asked for again and again is quickly accessible. The verbatim transcripts from the first two rounds of the Royal Commission on Aboriginal Affairs are available on a computerized full-text retrieval database and we hope to purchase this database in the new budget year. This program will permit individual analysis for purposes of education and research. I also hope to add to the Library collection in the new budget year a very valuable service called ‘‘Microlog’’. Government documents are time consuming to acquire and catalog , difficult to keep up on, and take up a great deal of space. The Special Collection on Native Peoples within the Microlog service provides all government documents on native issues in microfiche format through a single subscription service. The collection comes with its own indexing so that documents are easily retrievable. Automating the Resource Centre Catalog In January, I put a great deal of time into researching software programs available for automating the Library catalog as well as other Library functions such as acquisitions. The collection has grown so large that manually cataloguing materials and accessing them with a printed catalog is no longer efficient. In fact, we simply can not catch up or keep up with cataloguing using a manual system. It was decided to acquire a software program called “‘INMAGIC PLUS for Libraries’ as soon as funding is made available by the new budget. This program also allows the option of providing on- line access via computer modem to our Library catalog in future. INMAGIC PLUS is also being considered for records management of the UBCIC administration and research files. -)- RESOURCE CENTRE UPDATE _@, Cay Microfilming Workshop I will be attending a day long workshop on Preservation/ Conservation Microfilming on March 10th. Because we want to preserve documents and conserve space, microfilm will become an even more important format as time goes on. First Nations Library Workshop (Information has been provided to your band/tribal council) The British Columbia Library Association’s First Nations Interest Group is sponsoring, in co-sponsorship with the UBCIC and the Gitskan Wet’Suwet’en Hereditary Chiefs, a one day pre-conference workshop on First Nations Libraries at the BCLA Annual Conference in Penticton on April 22. This workshop will be of interest to School Band Library staff as well as staff from Bands or Tribal Councils which have or wish to set up libraries, I will be conducting a segment of the workshop on running a small library and anyone interested can call me for more information at our Vancouver office number (684-0231). Some funding may be available to assist with costs. Registration forms have gone to Band and Tribal Council offices. Late registrations can still be sent in but do it as soon as possible. Resource Centre Policy Resource Centre policy is on the agenda for the Chiefs Council meeting March 11-13th. I will be making some recommendations for policy changes which I will report in the next Newsletter, In the meantime if you have any information queries which I can help with or there is anything which you would like me to specifically report on in the next Newsletter please call me. I hope in subsequent Newsletters to be able to provide a short bibliography of new key titles published on aboriginal issues and information about where these documents can be acquired. Ly Wendy Ancell UBCIC LIbrarian MARCH/APRIL 1993 Page 7  LEGAL UPDATE (conTINUED FROM PAGE 5) that the employer’s location was on the Gordon Indian Reserve." The Court found that the location of the appellant’s work was off Reserve in Regina. The appellant’s legal residence was found to be the Gordon Indian Reserve, although she lived approximately 5 days of each week of the year in Regina. The Court found that the place of the appellant’s income payments was mainly on Reserve, although payment sometimes occurred in Regina. The Court then concluded that Ms. McNab’s employment income was located on Reserve. Of particular importance appears to be the fact that the purpose of the employer (the Council) was solely to benefit Indian people on Reserve: "The employer’s location was on the Gordon Indian Reserve. The appellant worked partly in Regina and partly on various reserves all over Saskatchewan... she attended upon Isobel McNab in order to have cheques signed and at other times parts of her work were conducted on other reserves when she attended upon Isobel McNab. The appellant’s residence was on the Gordon Indian Reserve. Seventy-five percent of the time she was paid on the Gordon Indian Reserve. All of her work was with Indians and all of her work was on the instructions of an employer whose sole purpose was to benefit Indians on reserve."" (emphasis added) The case is useful in that it provides authority that the Williams decision does not require that work be physically performed on the Reserve in order to attract the exemption provided by section 87 of the Indian Act. One ‘‘connecting factor”’ of significance will be whether or not the purpose of the work is for the benefit of Indian people on Reserve. Specific Claims: Tsartlip Indian Band: Settlement The village of Wjolelp, the winter home of the Tsartlip people, was only partially set aside as a reserve by the Joint Reserve Commission in 1877. Even though the Reserve Commissioners were instructed to set aside the whole of the village site, much of this territory was excluded when only 483 acres were protected as reserve land. Lot A on Gowdy Road is within the village site of Wjolelp, and it was not included within I.R. #1. In 1875 the Province of British Columbia issued a Crown grant for all of an area which they called Section 9. Section 9 was subdivided in 1921 and Lot A was part of that subdivision. In 1942 the Federal Government acquired Lot A from a man named John Brooks and used the property as a transmitter station during World War II. In 1985 the Department of Public Works issued a notice that the land was no longer required for public works. DIA did not take any action on the Band’s behalf regarding the proposed sale, even though they were advised that this land was included within the 1987 Saanich Indian Territorial Declaration. The land was sold to the School Board in April of 1987 who wanted to build a school on that site. The late Philip Paul and other members of the Saanich people physically camped on the site and prevented the construction of the school. An agreement has now been approved between Canada, the Tsartlip Band Council, and the School Board. Lot A will be returned to the Tsartlip Band, and the Minister will recommend that it be turned into an Indian reserve. pPPRE AG P Pr rm ¢ y Pry & & CHIEFS MASK BOOKSTORE & GALLERY & ea 73 Water Street, Vancouver, B.C., CANADA, V6B 1A1 Telephone (604) 687-4100 Fax: (604) 684-5726 CY io = 5 ‘34 AG BOOKS: CONSIGNMENT ITEMS ACCEPTED ART RAFT Oo Ww =f - FIRST NATIONS - JEWELRY (GOLD & SILVER) = ee. J: A “ - ABORIGINAL ISSUES - POTTERY C7 = “~*~ oO - GOVERNMENT - PRINTS or i O ™“< - LAND CLAIMS - T-SHIRTS oO © ~*~ oO - LAW - LEATHERWORK v7 “ 3S az - ART - MASKS O ay we wa 39 A - CHILDREN'S BOOKS - BEADWORK Zz od Fm ” - TEACHING AIDS CALL, WRITE OR - TRADITIONAL MUSIC c) w - POETRY DROP IN TODAY! - AND MUCH MORE! i= = (79 U q Owned and operated by the Union of B.C. Indian Chiefs. oe Ls =| Page 8 MARCH/APRIL 1993